The High Court in Suva has ordered four men, who were juveniles at the time of their offenses, to refrain from watching pornography and from accessing any electronic or non-electronic material that could facilitate abuse, including documents. The ruling was delivered by Justice Pita Bulamainaivalu on August 12.
The four men were convicted of seven counts of rape, all committed on unknown dates in 2018, when the victim was a Year One student. At the time, they were between 12 and 15 years old; today they are aged between 19 and 22. The court heard that one offender carried out the acts in a pigsty and in front of a church, another on a farm, and two others in a classroom. The child did not disclose the abuse initially because the offender warned him against speaking out. He later understood the acts were wrong after learning about “bad touch” and “good touch” in school. Court records indicate the victim knew the four as cousins and neighbours in the village.
Justice Bulamainaivalu stressed that the victims endured horrendous and traumatic sexual abuse, exposing them to the risk of sexually transmitted infections, including HIV. The victim’s family said he was subjected to bullying and verbal abuse, which led to his transfer to Viti Levu to continue his primary education. The judge noted that the village had ceased to be a safe haven for victims of sexual exploitation and that the child might find it extremely difficult to reconnect with his village and its inhabitants.
Sentencing details show a mix of punishment and rehabilitation. Three of the men have had their 17-month and 14-month custodial sentences suspended for two years. The custodial punishment for three offenders falls below the usual tariff of 11 to 20 years for child rape, due to the Juveniles Act’s statutory limitations on punishing young persons. The fourth juvenile, who is now 19, cannot be incarcerated under section 30(1) of the Juvenile Act.
The court ordered all four to receive counselling from the Social Welfare Department and to be accompanied by their parents or guardians. They are also required to attempt enrollment in formal education through legitimate tertiary institutions to upskill themselves and to gain and maintain employment. Additionally, they must continue to attend their respective churches and participate in activities aimed at improving their physical and spiritual well-being. The victim is protected from any contact, intimidation, threats, coercion, or interference by the four.
Editor’s note and context for readers:
– This case mirrors a broader pattern observed in Fiji where sexual offences against minors are pursued with a combination of accountability and rehabilitative measures, especially for offenders who were juveniles at the time of the crimes.
– The court’s emphasis on rehabilitation—education, family supervision, and psychosocial support—reflects a commitment to reducing recidivism while safeguarding victims.
– Community and victim-support resources remain crucial for recovery, and authorities encourage reporting of abuse and full cooperation with protective orders.
Summary:
Four men, once juveniles, were convicted of seven counts of rape against a Year One student in 2018. While three offenders received suspended sentences under Juvenile Act provisions, they must undergo counselling, education, and church-based rehabilitation, with non-contact orders protecting the victim. The court highlighted the profound harm to the survivor and stressed the importance of ongoing support for rehabilitation and community safety. Hope rests in the combination of accountability, education, and protective measures to prevent future abuse.
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